A Damascus Scroll Relating to a Waqf for the Ynusiyya Author(s): D. S.

Richards Source: Journal of the Royal Asiatic Society of Great Britain and Ireland, No. 2 (1990), pp. 267-281 Published by: Cambridge University Press Stable URL: http://www.jstor.org/stable/25210786 . Accessed: 26/10/2011 02:18
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A DAMASCUS TO RELATING AWAQF FOR SCROLL

THE Y?NUSIYYA1
By D. S. Richards

The Y?nusiyya is one of those small-scale, Sufi orders largely family-based in the later Middle Ages. Little is known of its growth and which proliferated The eponymous ibn Y?suf Ibn Mus?'id founder, one Y?nus development. as majdh?b, which is al-Shaib?n?, was a holy man of the type described that he had no shaikh and was self-initiated into the life explained as meaning of devotion and sanctity. He died in 619 (1222-3), approaching ninety years town of Dara, of age, in the district of the Mesopotamian in a village called adds, "His tomb there is well al-Qunayya. As our source, Ibn Khallik?n, known and an object of pilgrimage".2 From a few sources we learn a little about a great-grandson of the founder, a Shaikh Saif al-D?n al-Raj?hl ibn S?biq ibn Hil?l ibn Y?nus, who came to Damascus "from the East" or "from Iraq", was received with honour and His following acquired a village in the Ghuta and a residence in Damascus. was considerable and it is said that he had great influence in the reign of al to the regime", but without Mans?r and that he was "useful Qal?w?n specifying how. Late in 690 (1291) he was arrested and taken to the Citadel in Cairo, but was subsequently freed. He died inDamascus in 706 (1306-7).3 are very sparse. In early 723 to members References of the Y?nusiyya had come to Cairo from Damascus "in the garb of afaq?r (1323) a sufi who " was executed by an outraged Sultan. In a fit of exaggerated of the Y?nusiyya zeal for the dignity of Islam the sufi had used the axe (tabar), which it seems he always carried, to kill a haughty Christian government official.4 Whether this was an isolated case or typical of the Y?nusiyya of that period it is impossible to say. Muj?r al-D?n al-'Ulaim? records the existence of a Y?nusiyya z?wiya in the Jerusalem of his day, that is, around the beginning of the sixteenth century. above, there is only one other Apart from the tomb of the founder mentioned centre known to me from the regular sources. Ibn al-Mibrad, devotional in
1 to Dr Geoffrey I am grateful to this scroll and to the Khan for bringing my attention authorities of the Cambridge of it. for providing me with a microfilm Library University 2 ed. Ihsan Abbas, Dar Sader (Beirut, n.d.), vol. VII, pp. 256-7, and al-A'y?n, Waf?y?t in Islam The Sufi Orders 1853, vol. II, p. 435. See also J. S. Trimingham, Maqr?z?, Khit?t, Bulaq, (Oxford, 1971), p. 15 and notes 4 & 5. 3 See the information in Ibn Hajar, al-Durar al-K?mina, (Cairo, 1966), vol. II, p. 200; al (Cairo, 1956), vol. I, p. 774, & vol. II, p. 31 ; Ibn al-Fur?t, Tdrtkh (Beirut, Maqr?z?, Kit?b al-Sul?k, ed. J. Sublet, 1939), vol. VIII, p. 129 (for his arrest); Ibn al-Suq?'?, Tail Kit?b Waf?y?t al-A'y?n, pp. 95-6, needs to be revised). (Damascus, 1974), p. 73 (the translation, 4 Sul?k, vol. II, pp. 241-2.

268
a work

A YUNUSIYYA SCROLL

Damascus mentioned

finished in 883 (1478), mentions the mosques amongst (mas?jid) of one "in the z?wiya of Shaikh Y?nus", that it is "new, not adding that it is not to be found in Tzz al-D?n Ibn by him",5 meaning Shadd?d, his own main source, who died in 684 (1285), a few years after the of his well-known work, al-A'l?q al-Kh?tira. A completion topographical amount of new information is provided by the scroll which is considerable

the main subject of this article. in the Cambridge Preserved is a large paper scroll, University Library in 1971, but no details of its classified as Or. 2159 (15). It was acquired are recorded.6 The most accurate measurement that could be provenance made it 850 cm in length and an average of 30 cm in width. The text managed on the recto covers approximately 778 cm only, and something approaching two-thirds of that is taken up by the initial document (no. 1 below). The in Damascus. The scroll is clearly the product of a series of court procedures various acts it contains stretch over a period of one hundred and eighty years, from 768 (1366) to 953 (1546), and occupy both sides. Throughout document no. 1 there are joins roughly every 39 cm and across each of these is written The hand "My sufficiency isGod (hasb? Allah)" as a form of authentication. appears to be that of the issuing qadi, which would fit the practice described in slightly different circumstances.7 After the start of the by Ibn Ab?'1-Dam but in a new second text on the recto there are three identical authentications, hand, about every 41 cm. found on it, This scroll may be described as follows. The first document 14Muharram 768 (Monday, 21 September which is dated Monday, 1366), of the terms of a waqf made by Saif al-D?n al-Raj?h?, contains a confirmation of Shaikh Y?nus, the great-grandson largely in favour of the Y?nusiyya order. This is achieved by reference to, and a certain amount of quotation the waqf, and declarations from, a series of earlier confirmations concerning the made but the latest) on the verso of the original waqf instrument, (all of Saif al-D?n al-Raj?h?. The process ends with a verbatim transcript waqfiyya of the original waqfiyya, which was dated 9 Shaww?l 690 (5 October 1291), and therefore effectively extends the period covered by the scroll to two hundred and fifty-five years. It is perhaps likely that the original waqfiyya
5 ed. Muhammad Thim?r al-maq?sid ft dhikr al-mas?jid, b. al-H?d? Ibn al-Mibrad, Y?suf de Damas in Sami Dahan, La Description As'ad Talas (Beirut, 1934), p. 103. The text quoted dlbn Saddad Unfortunately 1956), p. 131, note 1, should be corrected (Damascus, accordingly. I did not have access to vol. II of al-Nu'aimfs al-D?ris ft ta'r?kh al-mad?ris, 1951), (Damascus, on this and the other zawiyas connected with the Y?nusiyya. to see what information it contains 6 of the Browne to the Library on 7 September 1971 by the managers The scroll was presented it from Christie's. Fund, having purchased " " 7 an : to another authority Kit?b Adab al-Qadct, 1982), p. 571 when transferring (Damascus a kit?b hukm?, the qadi signs his usual i.e. in the original, act, either in a copy or by appending 'al?ma that he uses over the joins ?al? 'al?ma top right, and then puts the same or a different aws?lihi).

A Y?NUSIYYA SCROLL

269

was getting to be in a parlous state and itwas desirable to produce a certified notarial practice, whenever itwas part of recommended copy of it. However, a separate deed was drawn up which referred to a previous legal act, to reproduce the latter word for word in the new document.8 The rest of the present scroll in its turn records on both the recto and verso subsequent the waqf. confirmations of, and petitions concerning, to describe Before giving an account of the waqf itself, itwill be convenient the steps that take us back to the original waqfiyya, namely the acts that were in written on it. They will be listed here in chronological order, although no. 1 of this scroll they are alluded to in the opposite document order, providing a sort of isn?d for the copy of the waqf instrument. A Isj?l, dated Friday, 24 Shaww?l 690 (Friday, 19 October 1291), issued Ibn Qud?ma b. 'Abd Allah al-Hanbal?, by Sharaf al-D?n al-Hasan9 of a declaration the authentication (iqr?r10) of the donor, Saif al containing and his ownership of the land D?n al-Raj?h? re the content of the waqfiyya a judgement that the waqf is valid. until the creation of the waqf, and 1Dh?-1'Qa'da 690 (Friday, 26 October B Joint isj?l, dated Friday, 1291), b. Ahmad al-Shafi'? and issued by the Qadis Shih?b al-D?n Muhammad b. Ahmad Hus?m al-D?n al-Hasan al-Hanafi,11 al-Qasraw?n? containing and ratification of A.12 authentication 6 Ramadan 10August C Isj?l, dated Monday, 692 (Monday, 1293), issued al b. Ahmad b. Ni'mat Allah by deputy Qadi Sharaf al-D?n Ahmad13 etc. of B. authentication al-Shafi'?, containing Muqaddas? 24 Rajab 730 (Monday, 15May D Isj?l, dated Monday, 1329), issued by b. 'Abd Allah al-'Uthm?n? al-Shafi'?, Zain al-D?n Muhammad14 deputy Qadi
authentication etc. of C.

E Isj?l, dated Monday, 6 Sha'b?n 745 issued by Qadi Bah?' al-D?n Muhammad15
authentication 8 etc. of D.

(Monday, al-Subk?

14 December al-Shafi'?,

1344),

containing

in extenso of documents See Ibn Abfl-Dam, op. cit., pp. 558-9, & 571-2. For this copying en Egypte au XVIe see also R. Vesely, "Les Requ?tes later documents, si?cle", Revue des ?tudes (1977), p. 217. Islamiques, XLV 9 695 (August Ibn al-Fur?t, VIII, pp. 213 & 216, Sul?k, I, p. 817: died Shaww?l 1296), aged 57. 10 in Ibn Abfl-Dam, Kit?b Adab al A similar iqr?r is found at the end of a model waqfiyya into 1982), p. 548. (Damascus, of an isj?l tanf?dh?, issued by qadis of all four schools of law, see R. For a later example "Les Requ?tes etc.", loe. cit., p. 243, n. 1. Vesely, 12 see al one qadi's authentication of the isj?l of another, For a model isj?l containing al-arab, IX, pp. 151-2. Nuwair?, Nih?yat 13 694 (July-August op. cit., no. 13, p. 10: died Ramadan 1295). See also Ibn al al-Suq?'?, I, pp. 810-11." Fur?t, VIII, pp. 196 & 201 ; Sul?k, 14 725 (1325), died Rajab 737 (February Durar, IV, pp. 98-9: came to Damascus 1337). 15 I 707 (September II 777 (September Durar, IV, pp. 109-10: born Rabf 1307), died Rabf 1375). Qad?* 11

270

A YUNUSIYYA SCROLL

F Isj?l,1*dated Sunday, 22 Dh?'1-Hijja 767 (Sunday, 30 August 1366),

issued by the deputy Qadi Wal? al-D?n al-Subk? al-Sh?fi'? (see no. 1 below), etc. of E., the isj?l of his father. authentication, containing to issue a On the basis of this "isn?d"11 the Qadi Wal? al-D?n proceeded fresh document (see below for no. 1 of the contents of the scroll) with the one should also note an independent copy of the original waqfiyya. However, "isn?d" back to a legal act of the donor, executed in 698 (1299), by which he assigned the trusteeship which he had exercised hitherto to his children. This is found in no. 6 below. The contents of the waqf will now be examined. The property made into waqf was an estate (data khar?jiyyd) known as Subaina al-Sharqiyya (or East Subaina), one of the Ghuta villages in the district of Damascus.18 Ibn al-Suq?'? tells that this village was granted (utliqa) to Saif al-D?n al-Raj?h? and his full ownership (milkiyya) of it recorded in a deed, whereas Ibn Hajar, writing of the grant of the village to Saif al-D?n, uses the word uqtta, which would normally imply only the of legally temporary usufruct of the land and thus rule out the possibility it a waqf.19 There is another is probably which making question unanswerable. if there is That concerns the significance of the relationship, one, between the date of the waqf, Shaww?l 690 (October 1291), and the date 690 (December of the donor's arrest, Dh?'1-Hijja 1291). All the peasant houses the fields, and the irrigation canal and the water rights (the source of the water was in the village of concomitant were included in the waqf, but the mosque and the highway and the Darayya) lands are given in cemetery were excluded in standard form. The adjoining what seems to be anti-clockwise order. The names with a question mark following them are written without diacritical points, and are not to be relied On the south were the lands of Dair upon, and remain unidentified. to the east the lands of the villages of Abu Nas?(?) and Dair Banah(?), to the north lands known as Kam?l al-D?n al and al-Raih?niyya,20 Nasr(?) and on the west side the lands of al B?niy?sf s and lands of al-Qatffi\T),

on the recto of the original E is because seems to have been written This waqfiyya, " as to the right of the verso of Wal? al-D?n's in the margin described confusingly beginning isj?V\ i.e. F. 17 to indirectly, that is to say, For a reason that is not clear to me, A, B and C are alluded it seems, their respective to and quoted as they are alluded from in D. That is why, qadis have on him (rahimahu Allah)". of their demise after their names, "God have mercy the indication to have occurred. if their death is assumed text can hardly be quoted directly Their 18 and C. Heyda, In the Gazetteer by the Defense published of Syria, prepared by M. Hourani as Subaynah 2nd ed., ' 1983, it appears D.C., as-Saghfra, Washington, Agency, Mapping = of Subaynah al-Kab?ra lat. 33? 27 N long. 36? 17 E, to the N.E. ( al-Gharbiyya). 19 in note 3. See the sources 20 than 1 km. N.E. is a little more of Hawsh On modern maps the settlement al-Rayh?niyya = of Subaina ( al-Sharqiyya). al-Sagh?ra

16

A Y?NUSIYYA SCROLL M?daniyya(?) and Subaina

271

(or West Subaina).21 The actual al-Gharbiyya inmost cases was formed by the irrigation canals of the adjoining boundary lands. The annual khar?j of the village was not specified but evidence for it The

was

said to be in "the old registers" (al-jarSid al-qad?ma). land was to be used for institutional and for produce of the waqf For the latter the initial intention was the donor's own family purposes. benefit during his lifetime and the benefit of his eight children at the time of the waqf, Ts?, S?lim, Fadl, S?biq, Muhammad, Sitt al-Atr?k, Qifj?q and Sitt 698 (1299), as no. 6 shows (see and then their descendants. al-Umar?', By the donor had gained another son, 'Abd al-Rahm?n, and lost a below),

daughter, Sitt al-Atr?k. A special provision was made for the full sister of the donor, al-Sitt her descendants. ten She was and subsequently Khurasan, assigned Damascene of wheat. If her line died out, this amount ghir?ras ("sacks")22 reverted to the donor's own descendants. Other special amounts of produce were set aside annually for the local order. These were a zawiya and tomb outside institutions of the Y?nusiyya situated on the "northern eminence" Damascus, (al-sharaf al-shimal?), and a zawiya in the city within the B?b T?m?. This latter, which had previously been the house of the Ayyubid official, Am?n al-Dawla,23 had been given to " Saif al-D?n al-Raj?h? in freehold (see above), and had been made a waqf for and [the Sufi] dhikr" before the date of this present waqf. prayer, worship There was a further zawiya, named after the donor (and presumably also founded by him), in the village of East Subaina. A special stipulation gave the donor and his descendants the right to place in, and remove from, the anyone they wished, and also complete control of access to them. zawiyas The zawiya extra muros was to receive five "sacks" of wheat for the resident and visiting Y?nusiyya sufis (fuqara*) and for the Qur'?n reciters at the tomb, who were to recite daily after morning prayer, dedicating the merit of the tomb and, after his death, (thaw?b) of their recital to the "inhabitants" to the donor. Ten "sacks" were allotted to the zawiya intra muros, for the sufis as above and for the upkeep of the institution. The remaining zawiya in the village was assigned five "sacks" annually. As the waqfiyya stipulated,
This village was part of the waqf of the Dar al-Qur'?n al-Kar?m al-S?b?niyya in Damascus to al-Nu'aim? ed. Ja'far al-Hasani, al-mad?ris, according (al-D?risfita'rikh 1948), (Damascus, is situated 8 km south of Damascus). See the same text in I, p. 15; note 12 says that the village the partial edition of al-Nu'aimi ed. al-Munajjid, (Z)wr al-Quf?nfXDimashq, (Beirut, 1973), p. 20) as 10 km (in Tashih Kit?b al-D?ris, but al-Munajjid from Damascus gives the distance (Beirut, 1981), pp. 12-13). 22 to Hinz, Islamische Masse und Gewichte, According (Leiden, 1970), pp. 37-8, the Damascene is about 265 litres and as a unit of weight about 204.5 kg. ghir?ra as a unit of capacity 23 Am?n al-Dawla Kam?l al-D?n Ab?'l-Hasan ibn Ghazal the vizier of al-S?lih al-S?min, Ism?'?l in Damascus. 21

272
the trustee

A Y?NUSIYYA SCROLL

these amounts at his discretion, and (the n?zir) could distribute could either bake bread for feeding the sufis or sell some or all of the produce for cash and distribute that or use it for lighting and furnishing the zawiyas and such-like expenses. Of the rest of the annual produce, half was to go to the donor while he lived but then be joined to the other half, which went to his children, and to their lineal descendants. subsequently If his direct line completely died out, the donor stipulated a fresh division of the agricultural produce : (a) one eighth Medina; (b) one eighth (c) one eighth (Mardin), for the tomb next to the (d) one eighth to the resident sufis (muj?wirm) at the Prophet's tomb in

to such sufis in al-Khalil (Hebron) ; to the zawiya of Shaikh Y?nus at Qunayya in Dara and visitors to the Shaikh's upkeep, and for the mujawirin zawiya; for the upkeep of, and for the sufis and Qur'?n reciters at, the Damascus zawiya extra muros). one quarter for the upkeep of the other two zawiyas, one intra muros, (e) and the other in the village of East Subaina. Any residue of this quarter to be to resident or visiting sufis and the poor (mas?km); distributed one quarter to the wider relatives of the donor (his aq?rib) and their (f) reverts to the benefit of "the If they die out, this amount descendants.

(sic). zawiya" If all these conditions failed, the ultimate beneficiaries were to be the sufis and the poor anywhere. of the income The first charge on the waqf is always to be the maintenance such expenses as purchase of equipment, cattle, land, through producing of this land, seeds, and loans and wages for peasants. As for the exploitation cultivation for the leasing is expressly banned while direct "owner-occupier" is possible. This I take to be the sense of the term the peasantry waqf through then no contract is to be for more If leasing proves unavoidable, al-muf?laha. than two years at a time. This was a fairly standard condition, but the next is very suggestive of social conditions, namely that no part of the stipulation land should ever be leased to "a man of influence, or one whose seizing is to be feared, one from whom no justice is to be control of the waqf or one who appears to the trustee likely to sub-let to any such obtained,
person".24 writes what Ibn Abfl-Dam Compare of limiting the length of leases desirability aim is to preserve the status of the waqf in such an age as ours, when a especially hundred year lease on a waqf. Time goes 24 in the first half of the thirteenth century about the 1982), p. 534): "the (Kit?b Adab al-Qadff (Damascus, to seize control of it, not to allow persons property, a two or three dominant group has taken to making just like freehold property". by and it becomes

A YUNUSIYYA SCROLL

273

The trusteeship (the nazar) of the waqf was to be reserved to the donor, to Saif al-D?n al-Raj?h?, for the rest of his life. He gave himself powers an agent (wak?t), or to assign the trusteeship by wasiyya. appoint and dismiss in turn have these powers. If, however, the Any trustee so appointed would donor died without making such a wasiyya, or if the chain was broken at any other stage, the trusteeship would then pass to his children, or their direct If that line failed, the trustee would be ex officio the [Sh?fi'?] descendants. Qadi of Damascus, again with powers to appoint a deputy. Two of the later texts on the scroll (nos. 11 and 17) show the donor's great the Qadi to be recognised grandson and his great-great-grandson petitioning as the fit trustee under the terms of the waqfiyya. This suggests that the family were still benefiting from the waqf in the second half of the fifteenth century. at Damascus were still It does not necessarily mean that the institutions functioning. The great-great-grandson, life in the suburb of Salihiyy?, where
residence.25

'Abd al-Q?dir, lived at the end of his he built a zawiya, a bath-house and a the following are to be they

full contents of the scroll may be described as follows, order of the various items but indicating where chronological found on the scroll. The 1. Recto An i

14Muharram 768 (21 September 1366) issued by isj?l, dated Monday, the Sh?fi'? deputy Qadi Wal? al-D?n Abu Muhammad26 'Abd Allah b. Bah?' al-D?n Muhammad b. Sad?d al-D?n 'Abd Allah b. Yahy? b. 'Al? al-Ans?r? al al-Subk? (acting for Qadi T?j al-D?n 'Abd al-Wahh?b27 b. 'All b. Khazraj? Hasan b. 'Al? al-Subk?) (his 'al?ma: al-hgmd lill?h wa-as'aluhu al-tawfiq).28 A to F (see Authentication of the series of documents and ratification copy of the waqfiyya above), but in the reverse order, and a verbatim (certified as collated with the original and correct in a note in the right margin). 2. Verso i

Isj?l, dated 17 Jumada I 768 (19 January 1367) issued by Qadi Rad? al-D?n Ab? Muhammad 'Abd al-Rahm?n b. 'Abd Allah b. 'Abd al-Rahm?n al Hanaf? (his 'al?ma: al-hamd lill?h 'al? ntamih?). Authentication and ratification of no. 1.
25 al-Kaw?kib al-Ghazz?, al-s?'ira, I, pp. 225-6, 1945), I, p. 241. The same source, (Beirut records that a Qur'?n retired to live in "the zawiya of Muhy? reader, who died in 915 (1509-10), al-D?n al-Raj?h?in al-sahm al-a'l?", the latter apparently This seems being a part of al-Salihiyy?. to refer to the Zawiya of 'Abd al-Q?dir (see note 44 below). 26 785 (3 December Durar, II, p. 398 :born Jumada II 724 (May-June 1325), died 7 Shaww?l 1383). 27 Durar, 28 There died 7 Dh?'1-Hijja 771 (2 July III, pp. 39-41 :born 727 (1326-7), is another it: al-hamd 'al?ma below lill?hi 'al? ihs?nihi. (later?) 1370).

274
3. Verso ii

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Isj?l, dated 6 Rajab 768 (8March 1367), issued by deputy Qadi Sal?h al
D?n Ab?'l-Barak?t b. Sharaf al-D?n Muhammad Muhammad b. al-Munajj? al-Tanukh? al-Hanbal?29 (his 'al?ma: al-hamd lill?h wall al-hamd). Authentication and ratification of no. 2. 4. Verso iii

768 (11 July 1367), issued by deputy Qadi Isj?l, dated 13 Dh?'1-Qa'da b. M?s? b. Muhammad b. Sanad Shams al-D?n Abu 'Abd Allah Muhammad b. Tam?m al-Lakhm? al-Malik?30 (his 'al?ma: al-hamd lill?h haqq hamdihi). Authentication and ratification of no. 3. 5. Verso iv 1369), issued by Qadi Badr al-D?n Abu Isj?l, dated 9 Shaww?l 770 (17May b. Hibat Allah 'Abd Allah Muhammad b. Ibrahim al-Shafi'? (his 'al?ma: ahmad Allah wa-as'aluh al-tawfiq). Authentication and ratification of no. 4. ii

6. Recto Shams

Isj?l, dated Friday, 7 Ramadan 800 (Friday, 24May 1398), issuedby Qadi
b. Shih?b al-D?n (?) Ahmad b. al-D?n Abu 'Abd Allah Muhammad al-Nabulus? Sharaf al-D?n Mahmud (?) al-Hanbal?31 (his al-Muqaddas? 'al?ma: al-hamd lill?h rabb al-'alamfn al-hamd lill?h Allah k?fin 'abdahu). Authentication and ratification of an ishh?d, dated 13 Sha'b?n 800 (1May 'Alam al-D?n Muhammad issued by the Qadi al-Qafas? al-Malik?32 1398), and written on the verso of a kit?b al-tafwTd (see below), the last, in time, of a series of similar documents as follows : (a) Ishh?d, dated Najm al-D?n Ahmad 24 Ramadan 706 b. 'Abd al-Muhsin (29 March 1307), issued by Qadi al-Shafi'?.33 al-Dimashq?

(b) Ishh?d, datedMonday, 17Rajab 698 (Monday, 20April 1299), issued

b. Sulaim?n al-Zawaw? al-Malik?.34 by Qadi Jamal al-D?n Muhammad dated Friday, end of Jum?d? II 698 (Friday, 3 April 1299), issued (c) Isj?l, b. 'Abd al-Rahman al-Qazw?n? al-Shafi'?.35 by Qadi Jal?l al-D?n Muhammad
II 770 (November-December Durar, V, p. 5: born in 710s (1310s), died Rabf 1368). II 729 (February Durar, V, p. 40: born Rabf 1329), died Safar 792 (January-February in place of Tamim has Nu'aim and, as Cairo) 1390). The edition (ed. Muhammad al-Haqq, kuny?, Abu'l-'Abbas. 31 805 (August died Muharram VII, p. 107: born in 740s (1339-48), Daw\ 1402). 32 eleven times in 805 (August Daw\ X, p. 13: died Muharram 1402), was qadi in Damascus years. twenty-five 33 726 (July 1326) aged 77. Durar, I, p. 202: died Sha'ban 34 II 717 (August-September died Jum?d? in 630s (1232^1), IV, pp. 68-9: born Durar, in 687 (1288) and held the office until the year of his death. 1317), became qadi in Damascus 35 I 739 (29 November died 15 Jumada IV, p. 120-3: born 666 (1267-8), Durar, 1338). 30 29

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contained an ishh?d by the donor of the waqf, Saif al-D?n Raj?h? (sic) and his four sons (see below), in the form of a kit?b al-tafw?d.

which is dated 28 Jum?d? II 698 (2April The text of this kit?b al-tafw?d,
that the text has been collated with the 1299), is quoted in full (a certification and contains : and is correct is in the right margin) original an empowering of his four sons (Sharaf al-D?n 'Isa, Am?n (?) al-D?n (a) S?lim, Shams al-D?n Fadl and S?biq al-D?n S?biq) to exercise the nazar (the sons ('Izz al-D?n of his waqf and to act for his two minor trusteeship) sons and Badr al-D?n 'Abd al-Rahm?n) and any subsequent Muhammad until such time as they severally become of age and able to act for themselves ; are that his two daughters (b) a declaration (Qifj?q and Sitt al-Umar?') to manage their own finances and interests. competent 7. Verso v

13 Safar 808 (Sunday, 9 August Isj?l, dated Sunday, 1405), issued by Qadi 'Ala' al-D?n 'Al? b. Muhammad al-Subk? al-Sh?fi'?36 (his 'al?ma: al-hamd lill?h kam? huwa ahluh?). Authentication and ratification of no. 1 (the ishhad of his brother, Wal? al D?n). vii 843 (Sunday, 10April dated Sunday, 7 Dh?'1-Qa'da Isj?l, Zain (also Sharaf) al-D?n S?lim b. Ibrah?m al-Zawaw? Qadi
'al?ma: al-hamd lill?h wa-huwa hasb?).

8. Verso

1440), issued by al-Malik?37 (his

and ratification of no. 7. (a) Authentication on the basis of a note (found in the right margin of No. 7 is authenticated no. 7) testifying to the genuineness of the first and second of its witness formulae, the writers of which had since died. Below this note the Qadi Zain 'al?l-khattain. Then below al-D?n wrote: shahid? Hnd?bi-dhalika mustanid?n each of the original signatures the present Qadi, Zain al-D?n, wrote :shuhida 'ala khattihi rahimahu Allah ta'?l?. Zain al-D?n wrote his instruction (see below) for the drawing up of no. 8 in the right margin of no. 7 (at 90? to the main text).38 and ratification of an ishh?d, dated 1Rabf I 791 (29 (b) Authentication 1388), issued by former deputy Qadi Sharaf al-D?n 'Isa b. 'Uthm?n February

38

The hand of the Qadi Zain al-D?n ismarkedly north-African in character. Muj?r al-D?n records an Am?n al-D?n S?lim b. Ibrahim al-Maghrib? (II, pp. 247-8) (also died in al-Sanh?j? and Jerusalem. I think this suggests that the two entries 873), who was qadi in both Damascus III, pp. 240 & 243, see footnote given by Sakh?w? {Daw\ above) do refer to a single person.

(1358), (September-October 37Daw\ V, p. 240 Daw\ III, p. (and 243): born ca. 770 (1368-9), died 873 " (1468-9). " 38

308: born

759

died Rabf

II 809

1406).

276
al-Ghazz?

A Y?NUSIYYA SCROLL al-Shafi'?,39 acting for Qadi Rukn al-D?n Muhammad al-Sulam? al

Sh?fi'L
This latter document is quoted in full (a note in the right margin certifies that the text was collated with the original and is correct) and contains a declaration that the then trustee of al-Raj?hFs waqf was prevented from the ten "sacks" of wheat assigned to the zawiya at Damascus delivering within B?b T?m?, because it had been established that the house was still a for the descendants of the donor, and would become a zawiya only waqf when their line died out. viii

9. Verso

14 Dh?'1-Hijja 16May 843 (Monday, Isj?l, dated Monday, 1440), issued Niz?m al-D?n 'Umar b. Ibrahim b. Muflih al by Qadi al-Muqaddas? Hanbal?40 (his 'al?ma: al-hamd lill?h rabb al-'alim?n al-hamd lill?h 'al?jazTl 'at?'ihi). Authentication 10. Verso and ratification of no. 8.

ix, in right margin of no. 9 13 Muharram dated 847 (13 May 1443), issued by deputy Qadi Isj?l, b. 'Arabsh?h al-Hanaf? (his 'al?ma: al Shih?b al-D?n Ahmad b. Muhammad hamd lill?h Allah lat?f bi-Hb?dihi). and ratification of no. 9. Authentication 11. Recto v Text of Petition b. (no date), presented by [Shams al-D?n] Muhammad b. 'Umar b. 'Isa b. Saif al-D?n al-Raj?h?. Muhammad that he is the The petitioner asks for a mahdar to be written recognising to its terms. most suitable trustee (n?zir) of his ancestor's waqf according in hand Below to the left is written li-yuktab (let it be written), presumably of the Qadi Ibn Muflih (see no. 12). 12. Recto Mahdar, vi in al

II 854 (2-11 June 1450). dated last third of Rabf the petitioner of "expert" witnesses that (a) they "know" Testimony no. 11 ; (b) he deserves the trusteeship of the waqf. "Written by the exalted.. .order of the Qadi.. .Shih?b al-D?n Ibn Muflih al-Hanbal?."41 Muqaddas?
39 Daw\ 40 Daw\ 41 Daw\ position

born before 740 (1339), died Ramadan 799 (May-June III, pp. 283-4: 1397). died Rabf II 872 (November VI, pp. 66-7: born 781 or 782 (1379-81), 1467). died 4 Sha'b?n 884 (21 October I, p. 152: born 815 (1412-13), 1479; "he held more of qadi in Damascus than once".

the

A YUNUSIYYA SCROLL 13. Recto vii (below no. 12, to the left)

277

Fasl al-tdh?r, dated 11 Jum?d? I 854 (22 June 1450).

Ahmad b. 'All b. Y?suf b. al-Raj?h? testifies that he has no objection form or content of no. 12. to the

14. Recto viii (below no. 12, to the right) Fasl al-'idh?r, dated 19 Jum?d? I 854 (30 June 1450). Shams al-D?n Muhammad b. Abu Bakr b. Y?nus al-Raj?h?, and Zain al D?n 'Umar b. 'Al? b. 'Ubaid (?) al-Raj?h? testify that they have no objection to the form or content of no. 12. ix (below 13) al-tdh?r, dated 28 Jum?d? I 854 (9 July 1450). b. al-Hajj Ahmad b. 'Umair Testimony by (a) Shams al-D?n Muhammad and (b) his full sister, F?tima, and (c) his wife, Uns (?) bt. al al-Fakhur?, etc. to no. that they have no objection, Shaikh 'Al? b. Y?suf al-Raj?hiyya 15. Recto Fasl
12.

29 Rajab 873 (12 February 1469), issued by the deputy Qadi al-Mardaw? 'Ala' al-D?n 'Al? b. Sulaim?n al-Hanbal?,42 acting for Qadi Ibn Muflih al-Hanbal?43 (his 'al?ma: Burh?n al-D?n Ibrahim b. Muhammad al-hamd lill?h al-lat?f al-khab?r). Authentication and ratification of no. 10. 17. Recto x Text of Petition (no date), presented by [Zain al-D?n] 'Abd al-Q?dir b. al-khat?b inMizza, the son of the petitioner in no. 11 (now Muhammad,44 deceased). for a mahdar him as sole trustee of the waqf, Request recognising to its terms. Below to left is written according li-yuktab.

16. Verso x Isj?l, dated

42 I 885 (July-August born c. 820 (1417), died Jumada Daw\ V, pp. 225-7: 1480). 43 For his son, Najm al-D?n 'Umar, see al-Ghazz?, al-Kaw?kib al-s?'ira (Beirut, 1945), I, pp. 284-5. 44 His full genealogy is given in al-Ghazz?, it is as op. cit., I, p. 241. Back to Shaikh Y?nus : 'Abd al-Q?dir in al-Ghazz? added in square brackets follows, with the two steps that are missing b. Muhammad b. 'Umar b. 'Isa [b. al-Raj?h?] b. S?biq b. Hil?l b. Y?nus. Note [b.Muhammad] that he is called al-MizzX thumma al-S?lihi, but Muhy? to al al-D?n, not Zain al-D?n. According a sufi, served as a he was born 12 Rab?' I 852 (16 May Ghazz?, 1448), studied fiqh, became 910 (27 June 1504). Hanbal? deputy qadi and died 14Muharram

278
18. Recto xi

A YUNUSIYYA SCROLL

Mahdar, dated first third of Jumada I 877 (4?13October 1472).

of witnesses that (a) they "know" in no. the petitioner Testimony to the terms of the waqf. (b) he deserves the trusteeship according "Written by the exalted...permission (idhn) of the Qadi...Burh?n Ibn Muflih". 19. Verso xi al-Hanbal?45 (his 'al?ma: al 17, and al-D?n

Isj?l, dated 20 Jum?d? II 891 (23 June 1486), issued by the deputy Qadi
Shih?b al-D?n Ahmad b. 'Abd Allah al-'Askar? hamd lill?h wa-ilaihi tafw?d?). Authentication and ratification of no. 16. 20. Verso xii Isj?l, dated 5 Rajab

D?n

891 (7 July 1486), issued by the deputy Qadi 'Ala' al 'Al? b. al-Bah?' al-Baghdad? al-Hanbal?46 (the 'al?ma is in the same the person of the wording and in the same hand as that in no. 19, although deputy qadi is different). to this and ratification of no. 6. Two of the witnesses Authentication testified to the authenticity of the fourth and seventh present document signatures found on no. 6, the writers of which had since died. This testimony is found in a (left) marginal/^/ (authenticated by the qadi) near the end of
no. 6.

21. Verso

xiii

Isj?l, dated 8 Rajab 891 (10 July 1486), issued by the deputy Qadi Shih?b
al-D?n Ahmad b. Ahmad al-Raml? al-Shafi'?47 (no 'al?md). Authentication and ratification of nos. 19 and 20. 22. Verso xiv 23 Rajab 953 (Monday, 20 September Isj?l, dated Monday, the deputy Qadi Burh?n al-D?n Ibrahim48 Ibn al-Akhn?'? by
45

1546), issued al-Shafi'? (his

in 910 (1504-5), for Burh?n al-D?n Ibn Muflih He was acting as deputy qadi in Damascus of the one named in no. see Ibn Tul?n, Muf?kaha, I, p. 276. This Burh?n al-D?n is the grandson 16, see al-Ghazz?, op. cit., I, pp. 108-9. 46 suburb of Sakh?w? met him in the Salihiyy? Daw\ V, p. 208: born ca. 818 (1415). Ibn al-D?n b. al-Burh?n and in Cairo. He was appointed Damascus deputy qadi by Najm to Ibn Tul?n, Muf?kaha, in Rab?* I 885 (May Muflih. This was I, p. 15, 1480) according he had already acted for another qadi. although 47 in Damascus and served as deputy al-Ghazz?, op. cit., I, p. 131: "settled qadi several 923 (Saturday, 10 Dh?'1-Hijja ' times," but called Shams al-D?n in this text. He died Saturday, 26 December I, pp. 317-18 & 338. 1517). See also Ibn Tul?n, Muf?kaha, 48 24 August 7 Rajab 954 (Wednesday, al-Ghazz?, 1547). op. cit., Ill, p. 78: died Wednesday,

A Y?NUSIYYA SCROLL 'al?ma: al-hamd al-AkhnS?

'anhu).

279
(T)

lill?h wa-bihi al-h?kim

al-Sh?fi'?

Hayy a al-Burhan? thiqat?. harr ara m?nusiba al-mahr?sa khil?fatan-'ufiya bi-Dimashq of no. 21.

Authentication

and ratification

23. Recto xii & xiii (at the very beginning of the scroll) (a) A note (no date, but Ottoman) by D?'?d b. Ahmad al-Hanaf?, acting and for Am?n Efend?, Q?dl al-Sh?m, verifying this whole series of documents a judgment that it is valid. by Ya'q?b b. 'Al?, overseer of waqfs in (b) A note (no date, but Ottoman) Damascus, acting for 'Al? Celeb?, in this scroll still belong detailed the series A to F Throughout (ittis?l) of "evidence" continuity of the witnesses of any document the then qadi, verifying that the resources to the waqf. and the texts on the present scroll the ismaintained by the fact that at least two testify before the qadi who is to issue a subsequent one.49 He formally accepts their testimony and the same persons to his own document. The qadi marks generally appear in the list of witnesses

the continuity of evidence by writing something like "He bore witness to that in my presence below the original witnessing (shahida 'indi bi-dh?lika)" I had assumed that such in the earlier document. formula (raqm al-shah?da) a note was added by the qadi who issued the document, but why would a so to speak, only two or so of the witnesses to his act, qadi "countersign", and to what end? In any case, the text of no. 1 is explicit. The Qadi Wal? al as the preceding D?n, when authenticating isj?l of his father, accepted evidence (bayyina) for it "the testimony of [two named court witnesses] to the effect that they whose names and raqm al-shah?da he countersigned, had delivered [their evidence], at the foot of the isj?l drawn up on the bottom term which To use the technical right verso of the [original] waqfiyya". so often in the scroll, he wrote the 'al?mat al-ad?" wdl-qub?l. appears to be drawn up by The qadi then gives instructions for his own document an appropriate form of words immediately alongside the first lines of writing in its right margin and at 90? to it, or sometimes at the preceding document, some other angle. That such a marginal note (for example, li-yusajjal or li is also written by a later qadi to command yushhad bi-thub?tihi wa-tanfidhih?) the drawing up of his own isj?l is demonstrated by the siting of the distinctive " the north-African" hand of the qadi in no. 8. His hand countersigned in the right margin in no. 7 and wrote witness formulae of the same: li wdl-hukm bi-sihhat al-thub?t fihi bfl wa-tanf?dhihi yusajjal bi-thub?tihi
49 on this scroll confirms no. 5. The fact that three of its witnesses No document have a qadi's " beneath their names probably means that a separate isj?l was issued on their countersignature no. 22 expressly no. 21, there is no overlap in evidence. On the other hand, although confirms the witnesses. "

280
shah?da
hand.

A YUNUSIYYA SCROLL 'alSl-khatt flhi ma'a'l-'Um bfl-khil?f50 added to his own document The comparable "instruc (no. 8) is in a quite different

tion" subsequently

In nos. 8 and 20 the necessary testimony to the previous document was not passed in direct form, or even in indirect form, since court practice did allow " in certain circumstances testimony in the style of Such and such a person, known to me etc., asked me to bear witness to his testimony, that he testified as follows..."51 to me in above seem noteworthy The two cases mentioned that they rely utterly on acceptance of the written word and the signatures of deceased court witnesses, without even a veneer of oral transmission. This is all the more remarkable in that there existed an opinion that an individual the circumstances of his own testimony, could witness, who had forgotten not renew it on the basis of any written record of his.52

ADDENDA
II of al-Nu'aimrs Volume al-D?ris (see note 5 above) is now available in a re issue of Ja'far al-Hasanf s edition, (Cairo 1988). The entry for the Y?nusiyya zawiya (op. cit., p. 213) is, as far as I can see, identical with the so-called of al-'Almaw?, in the French version of Sauvaire, Journal abridgement 1895, pp. 399?401. It is "on the northern eminence at Damascus, Asiatique, extra muros". What the west of al-Warr?qa and the Tzziyya madrasa as al-Warr?qa to me, although it ismentioned Warr?qa was or is is unknown de Damas..., ed. S. Dahhan, (La Description al-qad?ma by Ibn Shadd?d in but without explanation. The other institutions (Damascus, 1956), p. 141) Damascus and elsewhere are not referred to. Nu'aim? (p. 215) quotes al-Dhahab? and al-Asad? (?) on the perhaps excessive of al-Shaikh Y?nus, and on the Y?nusiyya order al-Asad? says, :hum sharr taw?'ifal-fuqard wa-la-hum a'm?l tadull 'al?'1-istiht?r reprovingly wa'l-inhilal ta'?l? wa-min al-n?s al qawlan wa-ftlan astahyi min Allah bi-h?. tafawwuh ecstasies

to Ibn Kath?r, al-Bid?ya, (Cairo, 1358 A.H.), vol. XIV, p. 44, Saif According al-D?n al-Raj?h? was buried in his house in Bab Tuma district on 6 Rajab 706
" R. Vesely etc.," loc. cit., pp. 221-2 and note 1) interprets such a marginal (in Les Requ?tes as an order by the qadi instruction for the registration of that same issuing a document in the tribunal's document registers. 51 in Ibn Abfl-Dam, There See the section Ffl-shah?da 'al?l-shah?da op. cit., pp. 399-403. as a justification to the death of a witness is the merest reference for such a procedure, but an earlier oral transmission Kit?b adab al-q?di, is presumed (op. cit., p. 413). See also al-Khass?f, ed. Farhat Ziyada, (Cairo, 1978), pp. 724ff. 52 Similar condemnation of written op. cit., p. 702. proof (and seals) is in al-Khass?f, 50

A Y?NUSIYYA SCROLL

281

(11 January, 1307). The previous year his son, 'Isa, had died and was buried in the zawiya extra muros on Tuesday, 17Muharram (10 August, 1305), see Ibn Hajar, Durar, ed. M. al-Haqq, (Cairo n.d.), vol. Ill, p. 279 (correct the of his father's name), and Ibn Kath?r, op. cit., p. 39 (correct date). spelling His other October, mentioned As son and successor, Fadl, 1327) and was succeeded elsewhere (see Ibn Kath?r, died in Dh?'1-Qa'da 727 (September as shaikh by his brother, Y?suf, not op. cit., p. 132).

for 'Abd al-Q?dir (see notes 25 and 44 above), he was shaikh of his ancestor's zawiya, and the zawiya he himself built and endowed in Salihiyy? was in Harat al-J?b?n; and the Qadi Burh?n al-D?n Ibn Muflih al-Hanbal? was his cousin (ibn kh?lihi), see al-Nu'aim?, op. cit. pp. 216-17.